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ACT NO. 7. This is a compilation of the Competition and Consumer Act 2010 that shows the text of the law as amended and in force on 1 October 2020 (the compilation date). This Act may be cited as the Competition and Consumer Protection Act, 2010, and shall come into operation on such date as the Minister may, by statutory instrument, appoint. The extent to which something promotes the long-term interests of end-users is assessed by having regard to three, and only three, objectives, namely: Under Part XIC, the ACCC can 'declare' particular telecommunications carriage services if it is in the long-term interests of end-users: s152AL. However, the ACCC cannot set the price of petrol, which has led to complaints that the ACCC is a "toothless watchdog". The Act also sets out consumers' rights and responsibilities. An Act to continue the existence of the Zambia Competition Commission and rename it as the Competition and Consumer Protection Commission; safeguard and promote competition; protect consumers against unfair trade practices;provide for the establishment of the Competition and Consumer Protection Tribunal; repeal and replace the Competition and Fair Trading Act… (1) In this Act, unless the context otherwise requires— “ acquired ” means acquired by take over, purchase of shares This clarifies the application of unconscionability and circumstances where a consumer is at a "special disability". Unfair Practices (including unconscionable conduct, Conditions and Warranties in Consumer Transactions – Part 3-2, Product safety and information - Part 3-3, This page was last edited on 12 September 2020, at 01:52. Note: See Part XI. Competition and Consumer Act Compliance; Contact the Commercial Support Team; Contact the Legal Team; The objectives of the Competition and Consumer Act (CCA) are to enhance the welfare of Australians by promoting competition and fair trading, and to provide protection to Australian consumers. In 1997 deregulation continued when new entities were permitted to enter the market (see Communications in Australia). Misleading or deceptive conduct (s 18 of the ACL, formerly s 52 of the TPA) is one of the most important consumer parts of the act. Prior to 1 January 2011, it was known as the Trade Practices Act 1974 (TPA). No. 148 of 2010 . The Act also regulates aspects of the Telecommunications market. 5 When donations are treated as supplies or acquisitions . means the Competition and Consumer Act 2010 (Cth); This compilation is in 3 volumes. Part XIB of the Act allows the ACCC to issue a Competition Notice to a carrier (telecommunications corporation) if it has reason to believe the corporation has engaged in "anti-competitive conduct". Includes amendments up to: Act No. Competition and Consumer (Cth) Act 2010. The Act is the legislative vehicle for competition law in Australia, and seeks to promote competition, fair trading as well as providing protection for consumers. The inclusion of unconscionable conduct in the Australian Consumer Law is a codification and extension of the equitable principle of 'unconscionability' which was later clarified as a cause-of-action. School Australian Pacific College; Course Title MARKETING BSB42415; Uploaded By SargentKangaroo8490. For general information and advice about the CCA and to report any non-compliance or potential non-compliance, please contact the Action/Contact Officer. Third-line forcing is prohibited per se. COMPETITION AND CONSUMER ACT 2010 - SCHEDULE 2 The Australian Consumer Law. However, a feature of the Australian telecommunications market is that it is neither feasible nor efficient to have multiple networks, for example, of fibre-optic cables or of copper cables. 2 Definitions. of commercial and economic activity to enhance. Citation Competition and Consumer Act 2010 Start Date 1/01/2011 End Date ... (Competition and Consumer) Act 2020: Competition and Consumer Act 2010. An example of the use of this section is that, under a direction from the Minister, the ACCC monitors the price of petrol. "Anti-competitive conduct" refers to the restrictive trade practices in Part IV of the Act (Sections 45, 45B, 46, 47 or 48), or when a carrier with a substantial degree of power in a telecommunications market has taken advantage of the power with the effect, or likely effect, of substantially lessening competition. Competition and Consumer Act 2010. 51, 1974 Compilation No. Back. Volume 1. includes: Table of Contents Sections 1 – 119 . Part XIC is a telecommunications-specific access regime. It is administered by the Australian Competition and Consumer Commission (ACCC) and also gives some rights for private action. Compilation No. Criminal Code Act 1899 (Qld) sch 1 ('Criminal Code'). Note: This provision was amended effective 6 November 2017 as a result of the commencement of the Competition and Consumer Amendment (Misuse of Market Power) Act 2017. Chapter 1--Introduction . Competition and Consumer Act 2010 Telstra in court over unconscionable sales to Indigenous consumers The ACCC has today instituted Federal Court proceedings against Telstra (ASX:TLS) for admitted unconscionable conduct in the sale of post-paid mobile products to Indigenous consumers. The Competition and Consumer Act 2010 covers following areas:-Fair market practice to prevent customer from being cheated.-Monitoring pricing to make it reasonable.-Codes and ethics of business to be followed.-Product safety.-Product packaging and labelling.-Anti-competitive practice. As a result, some amendments have been made to the Act. Competition and Consumer Act 2010 - C2020C00079 ; In force - Superseded Version; View Series; Act No. In Australia the previously government-owned Telstra, now privatised, has traditionally dominated the telecommunications sector. The market was partially deregulated in 1992 with the introduction of Optus as a competitor. The ACCC maintains a public register of authorisations and notifications. The Act contains both criminal and civil provisions aimed at preventing anti-competitive practices in the marketplace.The Act is enforced and administered by the Competition Bureau, and cases are adjudicated by the Competition Tribunal Competition and Consumer Act 2010 (CCA) (formerly the . Setting a reading intention helps you organise your reading. Volume 2: sections 10.01–186 . Competition law is the general term for the body of law regulating the market behaviour of corporate and business entities and industrial organisations and structures, so as to preserve competition for the benefit of consumers.. Consumer protection is t he protection of consumers against misleading and deceptive statements or conduct by suppliers: for example, under the Australian Consumer … Displayed here are links to compilations of the Principal, the most current at the top of the list. This allows some control over price rises. COMPETITION AND CONSUMER ACT 2010 - Schedule 2 Table of Contents The Australian Consumer Law 1 Application of this Schedule 2 Definitions 3 Meaning of consumer 4 Misleading representations with respect to future matters 5 When donations are treated as supplies or acquisitions 6 Related bodies corporate 7 Meaning of manufacturer 8 Goods affixed to land or premises Broadly, it covers: 1. product safety and labelling 2. unfair market practices 3. price monitoring 4. industry codes 5. industry regulation – airports, electricity, gas, telecommunications 6. me… Australian Consumer Law (Sch 2, Competition and Consumer Act 2010 (Cth)) Section 21 Unconscionable conduct in connection with goods or services . To hold price inquiries in relation to the supply of goods or services, and to publicly report the findings to the responsible Commonwealth minister, To examine proposed price rises on 'notified' goods, subject to instruction from the Minister. When originally introduced in 1974 the prohibition stated: Section 52: Misleading or deceptive conduct (1) A corporation shall not, in trade or commerce, engage in conduct … [2] The Act is the legislative vehicle for competition law in Australia, and seeks to promote competition, fair … This Act may be cited as the Competition and Consumer Protection Act, 2010, and shall come into operation on such date as the Minister may, by statutory instrument, appoint. Act Number 24 of 2010. The ACCC administers ongoing compliance with these codes. Part VIIA enables the ACCC to examine the prices of selected goods and services in the Australian economy. Competition and Consumer Act 2010 Act No. (B) 410/2010] ] W HEREAS the process of competition encourages efficiency, innovation 99 Compilation date: 1 January 2015 Includes amendments up to: Act No. The Competition and Consumer Act 2010 (CCA)[1] is an Act of the Parliament of Australia. Part IX allows the Australian Competition Tribunal, established in Part III of the Act, to review certain decisions of the Australian Competition and Consumer Commission. The Competition Act, 2010 . COMPETITION AND CONSUMER ACT 2010 TABLE OF PROVISIONS Long Title PART I--PRELIMINARY 1.Short title 2.Object of this Act 2A.Application of Act to Commonwealth and Commonwealth authorities 2B.Application of Act to States and Territories 2BA.Application of Part IV to local government bodies 2C.Activities that are not business 3.Repeal 4. 51 of 1974 as amended This compilation was prepared on 1 January 2011 taking into account amendments up to Act No. Not in force on that date is appended in the Australian Competition and Commission. Not logged in conduct carried out by companies can also be prosecuted by the Competition is! 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